Weeks Marine, Inc. v. American Steamship Owners Mut. Protection & Indemn. Ass'n, Inc., No. 11-3774-cv, 2013 WL 377979 (Summary Order) (2d Cir. Feb. 1, 2013).
In a summary order involving marine insurance, the Second Circuit Court of Appeals has affirmed a district court's summary judgment in favor of the insurer and specifically addressed the argument by the insurer on late notice. The insured did not give notice to the insurer until two days after a judgment was obtained in favor of the underlying claimant. The insurer disclaimed based on late notice. The district court found that New York's "no prejudice" rule applied and granted summary judgment to the insurer.
In affirming the district court, the circuit court noted the exception to New York's "no prejudice" rule in the context of a reinsurance contract. The court declined to extend the reinsurance exception to marine insurance contracts based on the facts of this case.